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orders, or permits. The value of "P" is based on prior similar violations <br />verified as valid, regardless of whether enforcement action was taken. The <br />value of "P" shall be: <br />a. 1, if the present violation is the first violation of this <br />code provision by the responsible person. <br />b. 2, if the present violation is the second or subsequent <br />similar violation, but the first similar violation within the past two <br />years. <br />c. 3, if the present violation is the second similar violation <br />within the past two years. <br />d. 5, if the present violation is the third or subsequent <br />similar violation within the past two years. <br />3. "C" is whether the cause of the violation was an unavoidable <br />accident, negligence, or a reckless or intentional act. The value of "C" shall <br />be: <br />a. 1, if the violation was caused by an unavoidable <br />accident or was caused by others. This category applies when the civil <br />penalty is assessed either (i) against a person who caused the violation <br />but could not have reasonably foreseen that a violation would occur; <br />or (ii) against a person who is responsible for the property, such as an <br />owner or landlord, but who was not physically in charge of the <br />property when the violation occurred. <br />b. 2, if the violation was caused by a responsible person's <br />negligence. Negligence is the failure to exercise the care that a <br />prudent person would exercise under. the circumstances. This <br />category applies. where a person caused a violation by carelessness. <br />c. 4, if the violation was caused by a responsible person's <br />reckless or intentional acts. A reckless act is marked by a lack of <br />proper caution or disregazd for consequences. An intentional act is an <br />act done by intention or design. <br />4. "N" is the relationship of the violation to the protection, <br />preservation and development of natural resources as required by local, State <br />and Federal requirements and the number of prior similar violations of <br />ordinances, rules, orders, or permits. The value of "N" shall be: <br />Administrative Order - 12 . _ r:~~a~a~~oow..~a~o6iosioo> <br />